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Immigration Law: Judge Blocks Trump Immigrant Health Insurance Rule | Immigration Lawyer Mario Godoy | Godoy Law Office

Judge Blocks Trump Immigrant Health Insurance Rule

On Wednesday, November 26, U.S. District Judge Michael H. Simon found President Trump’s Proclamation 9945 Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System “inconsistent’’ with the Immigration and Nationalization Act of 1965. The Trump administration announced by proclamation on October 4, 2019, plans to deny immigrant visas to applicants who can’t pay for health care.  The American Immigration Lawyers Association, the Innovation Law Lab, Sidley Austin LLP (Official), the Justice Action Center, and Latino Network sued the administration’s immigrant health insurance rule and obtained a preliminary injunction in Doe v. Trump halting the implementation of the health care ban.

The plaintiffs in the lawsuit include U.S. citizens in Oregon, California, New York, Massachusetts and Illinois who have or plan to petition the government to sponsor a noncitizen relative for an immigrant visa, as well as foreign nationals applying for immigrant visas.

In his decision, Judge Simon wrote:

“The public charge provision as amended in 1996 mandates that the consular officer or the Attorney General ‘shall at a minimum consider’ all of the enumerated factors. This codified the longstanding practice of evaluating the ‘totality of the Circumstances’ of the applicant. That subsection ensures that no one single factor is dispositive.’’

United States immigration laws can be very complicated. A small mistake in a visa application can lead to years of delays or even outright denials and deportation. With numerous immigration policies, procedures, and regulations in place, navigating the intricacies of the law can be confusing, frustrating, and time-consuming. An experienced immigration attorney can help you understand how changes to immigration law could affect your current or pending application for immigration status to the United States.

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